Technical approval of roads to remain private

Note: For technical approval of roads that are to be adopted, please refer to:

For further detail on the council’s standards for private drives please refer to Design Layouts – ‘Developments served by private drives and areas’ 

The council’s fees

The council charges for the work involved in checking and approving the development plans and inspecting the works on site. Please refer to ‘Fees and Charges’.

Advance Payment Code

An Advance Payment Code (APC) bond must be paid to ensure that the council has the funds available should the council have to step in to construct or make up a street that forms part of new development.

Requirements for approval of private drives

The following drawings and specification details are required for the assessment of all private roads/drives. An approval will be issued on submission of the required information. Approval does not mean the roads are of an adoptable standard.

A layout plan showing (1:500 preferred)

  • Details of access on to the highway including gradients
  • Clearly defined delineation details showing the boundary and extent of the public highway (The highway boundary must be clearly marked on-site with a row of edgings or similar.)
  • Suitable street signs and nameplates proposed and located in a prominent position with the words ‘Private Road’
  • Gates for vehicles are set back, normally at least five metres, behind the highway boundary and are hung so they open inwards only.
  • Cross sections and long sections (if available)
  • Gradients of the access drives must not normally be more than 1:20 for the first five metres behind the highway boundary but the maximum gradient of 1:10 may be permitted in particularly difficult situations (such as on a steep site)
  • Drainage is provided within the site which makes sure surface water does not drain into the public highway.

Construction specification.

  • CBR values have been provided, and a suitable subbase and capping layer thickness is proposed.

Depending on the development the following information may also be required:

  • Evidence that all planning conditions have been applied within the design.
  • Evidence, including copies of the sale deeds and sales literature, that purchasers and residents have been informed about the private status of the road and of their maintenance responsibilities. 
  • Evidence of who is to maintain any street lighting that forms part of the development.
  • Evidence of signed contract documents with a management company or correspondence from a solicitor that gives details of the arrangements regarding the maintenance of private assets.

Level of approval and indemnification of the council

Note: Technical approval will be given to the construction specification only. The proposed road is not to be adopted and so the council will assess the geometric layout through the planning process and recommend the attachment of conditions where appropriate.

The council must be indemnified against any future petition to adopt the road under Section 37 of the Act by inclusion of a covenant in the deeds of sale to each plot fronting the private road before an exemption of the Advanced Payment Code assessment can be granted. The council’s Legal Services team must approve the wording of the proposed covenant.

Inspecting the works

The development inspections team must be contacted to arrange for an inspector to visit the site. The inspector will not attend until layout plan has been received and the fees paid. A standardised inspection checklist will be provided setting out our requirements. Generally, our inspector would need to witness the construction at the following stages.

Subgrade (to assess any capping requirements from CBR test results)

  • Sub-base level
  • Base level
  • Binder course level
  • Surface course or blockwork level.
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